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HomeMy WebLinkAbout01-05883 Tb~ "'''' '" '" . '" "'''' '" , . .-~",,,,,,, . '" '" "'''' . . '" '" "''''''' '" . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . PENNA, STATE OF . . Plaintiff No. 2001 - 5883 civil Term . VERSUS . JOEL C. IRWIN, . . . Defendant IN DIVORCE . . . . . . . . . . AND NOW, . .. . . . . . . . . . . SARA W. IRWIN, DECREE IN DIVORCE ~\L- ,'2-{)lJ~s ORDERED AND . DECREED THAT SARA W. IRWIN , PLAINTIFF, . AND JOEL C. IRWIN , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY, --,~~. . ""~.' .'""t-, ._ - ",' . . . J, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . December 27, 2001, The terms of the Marital Settlement Agreement dated NONE. . . . . . . . Decree in Divorce. . . . . . ,h''''1 are incorporate~, /:u~:otA:;J'ed' 0'/ /' into this PROTHONOTARY . . . '" ;f."';f.'" '" '" ;Ii'" '" '" "'''' '" '" '" '" '" -,--" . ,- P,- ,,~~ ,,'Jji~"'';'"-'-;'"<'''-~---''~'~''*'- ,;;' ......n '!fi~"~iml~ -.-' ,*-i.g'@l';'i"''\''''''",:i\It,;,~I:\Ii.l.~~iilii~ ' i1i~sw~~iIiiHid"""'- ""~'" --',.liTj,' ,~ ,-.-=--,~ . j;; J/~CJoI avI.;~~4 ~ ",7/fv;J ~ ~~b 4~ ~ ~\P , ",..~tJ. II [1m ~ ~~__~", _=,~.,,' _.'"b',,"~_~, ~~ , ~~" --' .. - . ~. ~ . MARITAL SE'ITLEMENT AGREEMENT AGREEMENT, made this 1 1- ~ay of J}..f' em~t!r- , 2001, by and between JOEL C. IRWIN, hereinafter referred to as "Husband", and SARA W. IRWIN, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 15, 1999; WHEREAS, the parties hereto separated on or about October 1, 2001; WHEREAS, there were no children born during this marriage; and WEIEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirOus. of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in }1- :JyJ:-. - "ff(4""1Il~~"W,~'Wl-!<I1'~~'!rn"",,,,,,";m"~~""!<'''_"'''I_"'l:!l'f'~'1It'1!WJ~~_,h'" ~.,." ~ ."""'__~1 ,~""~, ~ """"",__""""""",, _"''''''~'I"''_'''''_'''~ ~"~,..!1IliIIIm'!!!lII!l_..""""""",,,,--, ~ ' < general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECI' OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this J!L- 2 n ______ 3iJJ,-- "jlW~1W\1w>r,pJ,'!~,",~L.,l~~J."'lf~~_~"'.T!f'!~'''',~rm~""...,~"~!,,,~ -~"..."...,,,.,...."'~!!'..,.,," -, ~ _~, ~.. ""'_0,,=_ ..~~."", ~_ '~-J~;~~,",,",'_""''1'''"'' _ ,___<Hlf';ilh-<In~,;<''''- r Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED INTO DNORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them, The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATEOFEXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Nora F, Blair, Esquire. The provisions of this Agreement and their legal effect have been IL 3 J?<J1=- '-"";",:J~~<",,._ ~,_~,--,.""",",,'fl"""_""?~"~~~, . "~r _ "'''~_...,.," " I1'Ilt"'~~~'-~1_ ~. lILIlI"I,,,,,,,,_ '"'~"", _ ~_ ~ "" ~,'""" ,~= ~_~~._" __.',:' ~ fully explained to Wife by her attorney, Carol J. Lindsay, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value' in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00. !rJ--- 4 J0~ ,,:;;I',"-P:Pil'fl!'J,,~ v '>"""~~~'~"~'_~''''l''''IT'''W'''''''~~,~",,~~",; _ ~~, "" r~.~__'lfl~I_~, ~-"", ~", ~ ~ff.!l!I!lIllI'!'I'=,"~,_. ~"""''1r~ ,!~ _'1'"""" ~"","",....""~It\,,,,, ,_,r-<~'-'.- ~ 6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8, MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the nroperty (including income and gain from property hereafter accruing) of the other' or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against ff- 5 JW- ''''~_J''-'''l'I>:II:l''''_:i<>~IfLl,~o~ _ __..."." ~ . ~ ~o_y >, _~~ ""',~~ <. ~" I '1"["""__ " ..o._._"'~_~,~ _~'~'~"~"""""'\'"'""'.1"'~""'~""~\'Y'F''''_7<il'n~-''T'- the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed rJf2- 6 Jt'J ;::- '-1i"'l_~~~~ ","..-'b4""""~"""~"~fl1'\\Il!''''''"''''''''"1''''''"'''''~';''''''"''_~ ~ _ 1" =d"'''i'F_''P''''''''"T'~~~"""",,,,,,,~~,..,_,~__ "-''''' ,"-"",~~"""""",~'It!'1"",f"'0""'~'r'~-"e,,,""~""- " ;-'" that this Agreement shall be and constitute a full and fmal resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANK ACCOUNTS AND RETIREMENT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that all accounts and plans shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically Husband's 401(k) and other retirement benefits, if any, with Roadway Express shall be Husband's sole and separate property; and Wife's 403(b) with Geisinger Medical Center and 403(b) with Hershey Medical Center shall be Wife's sole and separate property. Husband agrees to pay to Wife, and Wife agrees to accept as her equitable share of the parties' retirement accounts, thirty (30) monthly payments of Two Hundred Fifty Dollars ($250.00) on the first day of each month beginning June 1, 2002, and ending November 1, 2004. Both parties agree to execute any documents necessary to effectuate this paragraph. JI--- 7 J~~ -_),('I*,,!~~~1!~'ll'llll'lii'JlW~=~''''r~~ '1.", "--- . ., "T ~M ~"' -..,,_" .".llI>!!"lI"'""!'1 ,__ _ow ~"'~__MI!II"'I!"'>''''''"'''-~~'_'~''~'''L~!ffl'1-'' 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided or will in the near future divide their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. AFl'ER-ACQumED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. y;- 8 jw~ -ri'li-:<,"'}:'1i",~"_,__ ~,~Il\i<., '1!!lI11"~-"'--''''>I-F'-'''"''''''_'=~m'l~,'."_c ~'",".,,"~. '"'~" ,,~-~(~~I~II"!I'lllI!~~i!\I_""""'I!1 _ .,,""" ~h~"':r:"~"'"-"'- ~ '. 12. REAL ESTATE. The parties are the owners of a house located at 3506 Raintree Lane, Mechanicsburg, Cumberland County, Pennsylvania. Said real estate has been placed for sale. The parties agree to accept any reasonable offer for said real estate. At the time of selling said real estate, the parties agree that Wife's parents shall receive the proceeds from said sale up to amount equal to Twenty Percent (20%) of the sales price after payment of the realtor's commission. If the proceeds are not sufficient to pay said amount in full, the parties agree to each pay to Wife's parents one- half of the difference within sixty (60) days of settlement. The parties agree to continue residing in said real estate until it is sold, that Wife shall pay $575.00 per month toward the mortgage with the balance paid each month by Husband, and to equally share all necessary expenses for said real estate such as the utilities and maintenance. Each party agrees to execute all documents necessary to implement this paragraph. If the parties file separate tax returns, each shall claim a portion of the mortgage interest and real estate taxes with the amount determined by multiplying the total by the portion of the mortgage paid by that party. 13. HUSBANDS CONOOMINllJMS. Husband owned two condominiums prior to the marriage of the parties. These condominiums are ht 2083 Springfield Road, Columbus, Ohio, and 1550 Eleventh Street, Apartment B6, Winter Haven, Florida. Wife agrees that said condominiums ate and shall remain Husband's sole and separate property. J4- 9 2~ >:"'1tffl!!fI"~~L~~~_,..l,,~''''''_!~~\lIiJ!~~l'l'1lllm'1~~~1/l'$ .~"~p., "~~~I~~n ~ ' "' IiIm~'~R1!!l!""'EjlII'1IIilFf111M'O"l~"F''''''''-~, ='~~~'''''''''_''~~_''1'' 14. AUTOMOBILES. The parties are the owners of two automobiles. The 1994 Nissan Ultima shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph, The 1999 Honda CRV shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any loan on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph, 15. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured, 16. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name including her student loans and her Chase Visa account. Husband shall be solely responsible for payment of any and all debt that is in his name including his MBNA account and his Home Depot account. Husband agrees to pay to Wife Seven Thousand Dollars ($7,000.00) on the date of execution of this Agreement and One ~ 10 ~ wJ:- - -'-~'''-9bq~~i''''~""",,,,~''''-'''''''''''''''''"~_~~~'~''''''''''4''',~_~"'~I!!''l'''' "O~~O"",t ",~,~~'I1!"t1<",,""_''''''-<r - ~ ~ '" '~"'~-"",,,"~ M"~,,"~_ ~IW, 0"l!!'l~r."1I'IWlf"~~~>mf:'f"ltl.'''''''"-' " 'J Thousand Dollars ($1,000.00) on or before December 31, 2001, as payment of the marital debt. Husband and Wife have either canceled or divided all jOintly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, Husband shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Husband with regard to same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. 17. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. 11- 11 bU~~ "c""-i!!'N~/I.,",,,, . ,~"_'l1i!r,"""""'~,~,,,., ~ ~,;;",~~",",I"""~!'Im.:ff~ ~~~ M ~ ,. FI'<"""_'""""""""""""" mill, T' ; ,~ ~H 'I ''''"''Y', ,.. m~-.-", -f,~'''''''''''-''''''';..'='''''r~,'''''l'<rr''~1'''''''': Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 18. TAX RETURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost ,or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. For tax year 2001, the parties plan to file a joint federal income tax return. The parties agree to share equally in any refund or payment of taxes owed. 19. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. %--- 12 a~ """l'i~jJ~",""1" , ~W;,lf~,~_C~~"'J[':""""~"'~~' ~.",~"_""".".,,,,A~U;;~I ~~ <~ "~" ~~. , F"~Ii"l"'","""I"~ ~ ~~_.~.......__",,.,._If~ ~ .' 1__1"""I'!i1_, ~"" "",",q!M~.~!l"'mI!"~'iJ'I""""""l",-""""," ,I " 20. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance, It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. 21. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, (mal pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary ,- 13 J:J~ -'i-,,:,1V~~;~~,l'l'_~ .}1,,,,,, _~m'!"I_fm.p'~r"'""--~"'"',,, ,~~"_~ ~~~ _ ~,^,,-,ffl'!l!.""""'I1Wfl,," ""~,""~-. ,.."-~ ~~""""",.~<~_.. "~~--';~~''''"Of!!'''''''~I~" , ". '. designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 22. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all oftheir respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. 23. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in Cumberland County Court of Common Pleas at number 2001-5883. The parties agree to ft- 14 ~ _O"_>:;'~";O~ft!l!'t~"",,~~ ,."n":'._~,;,~_,,,,!jN~_!~~, I "lo"~" ..".r'~_..",~"~,.,.. 'T"" ,~ !lI1lIll1Jf~,~~~,~,,.,,, ~"',~~.m!!l!''Il' ~_ "0 '"_'_~'""._',~""'.~~~~,,"':' '" '" have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 24. WARRANTY AS ro.EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement, Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for neeessities, except for the obligations arising out of this Agreement. 25. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter jF- 15 8~ '\'"""#'--;l;~!(~I~~~~"!"l">l'I",,"_~_~.~~. '"r".- .-~~~- ~~ ~-, - ~,., _"",l~ ~''''''''''''''"'''"'''~'''''''''''''''__~~_~~''''-, jjII!!!l!J",!~~ ~ ,- _.,_._'lIl!'f"~ ~~_~_'~"""_r<f''''!''~_;'R'''''l''''lfl<:'l'I!!'>F''''''' " ',. incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 26. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29, AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Jf- 16 8~Y W';;$};*:;!f!"i!lIir~~-'-'\$-~'~~'I*"''''"''''''~''~~''''~ _~...,. _.~ _ ,>'Ol~'_ ~_~_'_""N~ ~_ ~ ~"~.....I ,~,- ~,~ ,~- ~~!.,,,"",,,_,~,'I>"j,,,,,,,,,, ~l,,; ""~!'!!t7' .' '" " 30, OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 31. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking, such other remedies of relief as may be available to him or her. fl-'- 17 b~:Y "'~1\1N<'IJ~~~~~",.~~__, ~I ~". -~ _, "~, , - . - ",""~,,,,"," ,~ '~">__""_''''''''!!II~~,~ r>>_.!lI!I'!ITT'C' ~ ~ ,.. .:Jl 33. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 34. HEADINGS NaI' PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. INWlTNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~.~~~, WITNESS ~, WITNESS ~~1 S W. IRWINC>- - '\'""Wf!'_''t~~~_iI?';,___~Oj!ft"",,"i~I'_''1II''ni~~';''..,...,~~~_,,, ~"~'~"!""'lI'1 r"',~ ~"'~'-,-~"'" ~-"''''''~~flW!llt ,"rr"""_~~~,", - -.f '''' .#., COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND On this, the ,.;2-7~ay of D€t!~8&< , 2001, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared SARA W. IRWIN, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. INWITNESS WHEREOF, I have hereunto set my hand and official seal. ~~, Notary Public :,rMICIJA/l"IOTtli:JIALSEA.L ! ! , 11 CAf'.J\NCI ", P 'I' I c"m" !'Iillll' " "o,afy Vu IG : I;';; J~! !~?!O, Cumlier!8.nd COllno/ ....::!::_~~.-_~l~i,~,~_:!_=-~~p!m:; .}rlf!fJ 15. :/(1(). c ",o"w'.;'~'I'\f1'I'~~'W-!r!~lw!"!!~!,<q,~~11""'JIl-'~~1.MI4,,.,,_I.... ,,~ _.~- ~_. ~ "?< ,~~ ""'.- ~ 1!IlI!l!I"l.".,. -. ~" -"-~"""""","" - ~.~~o _~ ~". ~~ ~ ~ r'" "I"'~ '_','_~ ___~,~"-,n'" c.,,-y, flt ''to "., COMMONWEALTH OF PENNSYLVANIA COUNTY OF D.^~UPIIIN {lf1l\t3~IVD :ss. On this, the ,.;:l.7ttdaYOf f)b'I~be , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared JOEL C. IRWIN, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~~?~; Notary Public r;- NOTARiAL SF AL /~~HA~l R. CAP>ANCI, No~ry Pu1)!ir, I G~:;!p Hill,IJo!o, Cumberland Counly I ',.. /ill L:o!!1mls~:Qn Expires Juno 15, ~OD2 ---...----.--...--..--..__-. "_.____~.____ _.,,__ ,..... I '-'7''''i!\~~i~mfl1'~TI~1 J _. ~-;-, ;~~r>ml"'-"!"I'l'~,~"'!'"^~'~"~~'''''~__ "1_ ~.~r.~ ," ~1_~ ""'""'~ !'Jl'Iroo. ~."t..~~..,,,,,,,,,,~~,.."_ ~ __ ~'.~,'fB&>""""''''f':.,,- . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2001. 5883 CIVIL TERM SARA W, IRWIN, VS. JOEL C. IRWIN, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: TRANSMIT THE RECORD, TOGETHER WITH THE FOLLOWING INFORMATION, TO THE COURT FOR ENTRY OF A DIVORCE DECREE: 1. GROUND FOR DIVORCE: IRRETRIEVABLE BREAKDOWN UNDER SECTION 3301(C) 3301 (D)(1) OF THE DIVORCE CODE. (STRIKE OUT INAPPLICABLE SECTION), 2, DATE AND MANNER OF SERVICE OF THE COMPLAINT: ACCEPTANCE OF SERViCE SiGNED BY DEFENDANT, JOEL C. IRWIN, ON OCTOBER 17,2001 AND FILED OCTOBER 30,2001. 3. (COMPLETE EITHER PARAGRAPH (A) OR (B)). (A) DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: BY THE PLAINTIFF JANUARY 17,2002; BY THE DEFENDANT JANUARY 17, 2002. (B) (1) Dp.TIe OF eXeCUTlmJ OF THe PLAI~ITIFF'S .'\FFIDNiIT ReQUIRE9 BY SECTION 3291 (D) OFTHE DIVORCe COge: (2) DA:re OF SeRVICe OF THe PLAINTIFF'S AFFID.^.VIT upml THE DEFeN9NJT: 4, RELATED CLAIMS PENDING: NONE 5. COMPLETE EITHER (A) OR (B), (A) DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED: (B) DATE PLAINTIFF'S WAIVER OF NOTICE IN 3301 (c) DIVORCE WAS FILED WITH THE PROTHONOTARY: FEBRUARY , 2002 DATE DEFENDANT'S WAIVER OF NOTICE IN 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTARY: FEBRUARY 20 , INTIFF '.''''''''''''~~- " ,~- ~ ,~ -I' ~ - "m_.,,", ~~~~ , ""~ ~ .' -- "'1 ~ ....""'"~ ~ ,'~_Jil1W~""'!l"!IIIj!'i'!l!Pli'!!'~iI!llill!,,.~~,J.,,,,, ._,~ <~~'_"~'~".""",'_~"'~'_'"' _C~~ ~ ~.=_. , ,<" _J'~,m~~i'-Wl,'W;,q-,~i"""'''W~,~.-' i"~;~'-;!>",,' -. ~-""'l't 0 CC> ~ !~"":j ::-,,;;.. -q -OC::: n , ~S~~, ~-:n 7:: j--- rI) - ,~' 2:'<2 ~~ , . ~ ,",.- ~"C ,,, z i:::' ;D- c:_ C..-.J ~-~ ~:::: ~ :;J (D ::;~ ", :""J'-~'"j""''W':'''>1':~'}~a3i!~~.~~~;1- SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT.LAW 26 W. High Slreet Carlisle, P A " SARA W. IRWIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V5. CIVIL ACTION - LAW NO. 2001 - 58~ DEFENDANT : IN DIVORCE CIVIL TERM JOEL C. IRWIN, NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P,C, Attorneys for Plaintiff By: Carol G. Li dsay, EsqUire 10#4 26 West High Street Carlisle, PA 17013 (717) 243-6222 :-,if1,'I'l,, ._.,7<.,. _"~,_,_,~""_,,,,,,,-,;,:-,JI',,,,_,,~,_,.A"'" ~, _~" ,__ " ","" -" -. .'. ~",,~.' "-, ~ c >_-"" e,_ v c ,C ~, " .", ~" SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS1ATlLAW 26 W. High Street Carlisle, PA " , . SARA W. IRWIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. : CIVIL ACTION - LAW : NO. 2001 - S883 DEFENDANT. : IN DIVORCE CIVIL TERM JOEL C. IRWIN, COMPLAINT Sara W. Irwin, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1, The Plaintiff is Sara W. Irwin, who currently resides at 3506 Raintree Lane, Mechanicsburg, Cumberland County, Pennsylvania, where she has resided since March, 2000, 2, The Defendant is JOEL C. IRWIN, who currently resides at 3506 Raintree Lane, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since March, 2000, 3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on May 15, 1999, in Medina, Ohio, 5, That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6, The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, ~!"<f1h, --, ~.I," _, "'_',rJ,~;'L<,"'_! ,'0,' -f;,'",-,"l "_'~"_' ""'-->-'1 " -: ' '-''''' '- ".' .'" ~,~ ,"'"" - .- ,.., ,,~ --- "." ,~~ - " - -~", ..'- " , , SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT-LAW 26 W. High Street Carlisle. PA .. . . 7, Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling, WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, SAlOIS, SHUFF, FLOWER & LINDSAY, P,C. Attorneys for Plaintiff By: Date: O,P}--7{)/ Ul/JI 1'T-r,Ri_~JlL:~,< '~^', >"~"'_o'__~__' "-'_W',,,,,, '''~> - ",,_ " ":' "_""'1'; --0,,-, "-t, ""~__,_,,,,,~,, ,__, :--" _,"", ~." ~, _ _ .0.., ""' SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSeAr-LAW 26 W. High Street Carlisle, PA " . ' VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of .18 Pa, C,S, S 4904, relating to unswom falsification to authorities. r~4J -fA). ~J~ Sara W, Irwin Date: 10 - S-~O ( "';I,;';~'~'M >"-,',0"",' ,~_'" ,,~*,,=,,_,:~I _ ___,_ " ~,_" " .", ' ,O'~",lr'''~, _,..," _'" ' ~,,:___, ~., ~~ ' '., ~' 0""'-, , " ", - ,. .'- . "~ ~~ _.J'=- --- ~ -J- -.l ~~ (j\ ~ - ~ ~ ~ eft ~ -. C- Vi ..... '(\\. "tV' ~ ~ ~""~""""-"'" ,._,,,. .w_, T [:: TUI[llTl"."" :~:) '.') -.'1 "--::.) ;',j " , ^> ~-~: \1~ "W', "",j!!fl~~' ,Jll111 , ,.~II[t_!fl~JJ!ll!f );..,~m1~~il'!!!~i!lI", ~_"""[K~a.'I~-W'l'-'P-fMl~_,.""";>-',.-,,.o,,:,!;'i""1'1-,,.,~~~'fC"1~~~'~<,,~m"1,WM;~~w,~~J1'!.m~F~ff'1'I!!1[~_00!'1l'~'!1il!~!!i~~\, l,j 'T""'" ",. "" "".,." ". PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2001 - 5883 CIVIL TERM SARA W. IRWIN, VS. JOEL C. IRWIN, DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I ACCEPT SERVICE OF THE COMPLAINT IN DIVORCE IN THE ABOVE CAPTIONED MAnER (~/u ( DATE! . .. IN, DEFENDANT 'Jo,'wt:;II/j" '~-'. _" .~O;',~::"'1','c-'?'1"",:=.. 0''''''''_''' Of' _ _,"" ,>;. ,,~, - ~- - .- , -0," ~ e__"""""_', u. ,_=J,)~! "A (') C:;> 0 c $: -n -00::-, a ~ =.~ n1n', ('"';) !~~; -I ,,'; ,J;' "" ,'n ~8 c:' ';-:,':] (J.., <c) " i'i -1"') :SC) rOS >r'- '"..9 ;~!T! 2: > =< '..0 -on =< =E, _~,' _~"~",...,,,,,_,~,~,,,~J;I,."lIl';~:'l1""ifl>,,,;r,'f,,"'''~mm~!1@'';;~~i!!il!1~~~!i~~~T PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001. 5883 CIVIL TERM SARA W. IRWIN, VS. JOEL C. IRWIN, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE UNDER !!l3301 (C) OF THE DIVORCE CODE WAS FILED ON OCTOBER 11, 2001. 2. THE MARRJAGE OF PLAINTIFF AND DEFENDANT is iRRETRIEVABLY BROKEN AND NINETY DAYS HAVE ELAPSED FROM THE DATE OF FILING AND SERVICE OF THE COMPLAINT. 3, I CONSENT TO THE ENTRY OF A FINAL DECREE IN DIVORCE AFTER SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF THE DECREE. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA,C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~dtdir r j) , SARA W. IRWIN, --- PLAINTIFF DATE: /- /'1-{) 2- :~W"f,'ilH. _., ~. '",~ r~_c' '"" , . ~_.." ,~- . I:__,i~ V~. ~ ,,,,,,ft_ ,t~,..~ ~ ~nll]lll;O!W'~'''''''''''"<I\'ffi!<litllmlP;a'~.:,,1li~~ '0 -. ~ =~ c ".,.~." ,,~o~~_1o"M,"'"~~ o ~ -OtT! Q)Cf' zf' (j),o -< ..;:~ ~C"', ?Z;=: 5=~~ -;. -, n,' C) f'J -<cq rn co I (:0 -T_; r~) :,) en :~~ ~ ~i!.w~~Hi!II!'(",,<a"_"'\~O;"i"7"~C",^l'~'" '-".,,<;<"I":-':<""'''-o''~.'''' ~."""",q.'lt":'iW;;'!'~'fiI!'!11'lqlJVw'lf:l!l<~~~",,;vl!'1"'M:Jl'tf-i!lt'lr~~TI!,J~'~-W :~,~",,~.Jll!.."~,r_'-' .-"-^, . SARA W, IRWIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001 - 5883 CIVIL TERM PLAINTIFF VS. JOEL C. IRWIN, DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301 eel OF THE DIVORCE CODE 1, I CONSENT TO THE ENTRY OF A FINAL DECREE OF DIVORCE WITHOUT NOTICE, 2, I UNDERSTAND THAT I MAY LOSE RIGHTS CONCERNING ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES IF I DO NOT CLAIM THEM BEFORE A DIVORCE IS GRANTED. 3. I UNDERSTAND THAT I WILL NOT BE DIVORCED UNTIL A DIVORCE DECREE IS ENTERED BY THE COURT AND THAT A COpy OF THE DECREE WILL BE SENT TO ME IMMEDIATELY AFTER IT IS FILED WITH THE PROTHONOTARY, I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C,S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, ~-au --,lv, _1 - SARA W, IRWIN. PLAiNTiFF DATE: I~ 11---{) 2- , -~"- I' , ~~ -~,'~ _~_L!!IP~IHI - -~,,= , JAN 2 22002 o c .~- -ute- n1r-.' :;:--..:" c7i5::-. '-" ~"'-- I~ -." ....( ,-''', P~') 41 ~;~ ,- 'T' CD ~T . , --"-,- 1>? ,---) ~=_l ?6 ::< -:., {J'1 ._mK ~~ "_...."',~,~,~})_,,,i""""'~,,~~"""l~%'~~~~1~Wf::;\1@1'<;:"'~"'?'1-r.-.",~'"IO-'; "'T:f:""-"8~'H'1'l'fXf~;jiHn;~'t'i-'ll~~~~jt!~~~~~~~~;i' i ; , , I I I I '[ i I I i [ i I I I I )'/[1'.';:_ "J!lfllit. . SARA W. IRWIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 5883 CIVIL TERM PLAINTIFF V5. JOEL C. IRWIN, DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE UNDER 53301 (C) OF THE DIVORCE CODE WAS FILED ON QCTOBER 11, 2001. 2, THE MARRIAGE OF PLAINTIFF AND DEFENDANT IS IRRETRIEVABLY BROKEN AND NINETY DAYS HAVE ELAPSED FROM THE DATE OF FILING AND SERVICE OF THE COMPLAINT. 3, I CONSENT TO THE ENTRY OF A FINAL DECREE IN DIVORCE AFTER SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF THE DECREE. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA,C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. , IRWIN, DEFENDANT /1/r.- I / -- "." , ""l" ~~ .~ - ,.~ ..- .:~ ~-" _~'" "'~'~__~~'r,k'"~'~ ~ .',1 u 0 ,-, '-, j C~ r,::, -T! u ..-" -r, fL ;""Tl nl r-~ '-::::~ 0<:::::" :::c Z C , j"t', (;0 .w ~~I ;:'< ~~ - ,,' ); C ['-',-J <- "..", =<: (I" " '[l!_~ """",.fM~_, _, ~~l'l~~WW"~~i>ll,~~'m~r_ i Jl!f!il1~Mi('li!!!,:*~~.1l1f')ir;"X"" "l:~:" T,,""'';-''-'' >'1'!rr,~''i\','iW~il~r3Tfhr'''IhWlri1fl''"iW''.~r:'~'''%''f9iV.~:~~~1i')i.)4,!J1!1WJI~i<!i', ';!'J'O."""'fi"1',"""'l,;, , _ _, _,.~ _ _ ~.'~" - . , SARA W, IRWIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2001. S883 CIVIL TERM PLAINTIFF VS. JOEL C. IRWIN, DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION! TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I CONSENT TO THE ENTRY OF A FINAL DECREE OF DIVORCE WITHOUT NOTICE, 2. I UNDERSTAND THAT I MAY LOSE RIGHTS CONCERNING ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES IF I DO NOT CLAIM THEM BEFORE A DIVORCE IS GRANTED. 3, I UNDERSTAND THAT I WILL NOT BE DIVORCED UNTIL A DIVORCE DECREE IS ENTERED BY THE COURT AND THAT A COPY OF THE DECREE WILL BE SENT TO ME IMMEDIATELY AFTER IT IS FILED WITH THE PROTHONOTARY. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY 'KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA,C,S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, ,/ / ~ , , ~ DATE: . IRWIN, DEFENDANT i/;"1)~ I . ~"'^' , "-~" ~--~ ~~~ " -"''''-''.' ~, "'-', '"( , -',",", ~,'~ " '-"-_#.T""'--~~"""'~V~"'"-"U"'"'tr.'l'"- filII IlIrmng" 0 C) C \"'0 :-:;:-. -., ",\JC: ., !Tlf," ,_'J ~~F' , ~2)- <:0 r:;:C -:~, ~~ .. z 5 "~-' r:'"? ~:; " ,.0::.. ~,) ~ ...-1 -<=- 01 :~-- IRm ~~;JI{;i'll'Ji1r-pq<J'l'R<!~1f~HlIT:' "'" >',~ ~,,~ ~"",0~!!r:i:vt1":."'-f':-"'"''''''~''~'''V''''T:':'(~'I''' '~~,"'l;-"" "'~"'!:""'~')\\'11.f~~i!:'~~'~ff';;jIlfl[lW~~~r: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A II SARA W. IRWIN, vs. JOEL C. IRWIN, AND NOW this 'I PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2001. Jtf3 CIVIL TERM DEFENDANT : IN DIVORCE ORDER OF COURT tl.1 day of j} tJ-f~ , 2001, upon consideration of the agreement of the parties and their counsel that the hearing on the Petition for Emergency Relief filed by the Plaintiff may be generally continued, it is generally continued, and either party may request a hearing at any time, The Temporary Order of October 17, 2001 shall remain in full force and effect, cc: NORA F, BLAIR, ESQUIRE 5440 JONESTOWN ROAD HARRISBURG, PA 17112-0216 CAROL J ' liNDSAY, ESQUIRE 26 WEST HIGH STREET CARLISLE, PA 17013 \ ( Ilk 5> it V J.;O \ \\\ j~t~~_:w,,..-";S;';~"""~~k~~1iWdJ"'W:%!;;;':');J'.:f.'i4~~~~ . ~ .~ ,-..--, l" ~'II*llillliR. iil~ _1iE_ 'OrTiGE ',,'i"'I,wAf")' I; ;--i\)i\'~ L i 01 NOV 14 MilO: 1..3 CUM~]~~y&gptKNTY ~9 ~'L ~_ ~'''~C . ;\* SARA W, IRWIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, JOEL C, IRWIN, DEFENDANT : 01-5883 CIVIL TERM ORDER OF COURT AND NOW, this 'L.~ day of October, 2001, the hearing on plaintiff's petition for special relief currently scheduled for October 26, 2001, is cancelled and Carol J, Lindsay, Esquire For Plaintiff rescheduled to Wednesday, November 7, 2001, at 11 :00 a,m" in Courtroom Number 2, BY,~h~ couitl \-Af Edgar B, Ba~, I (;r:OI Nora F, Blair, Esquire For Defendant Jj :saa -'(I'~-';; '_")>:>^^', -_ ~^ 'l'''' _'""'_"~._~ - ,. ." -~ --, " -'"'1-.-, ' .~ - ,~ . < > ,"~.". ,-->,"",,,, "'~ ~,~~~~. , I hied II\. . ?rotht)rre,t-lt,( 0 ~ CuM ~,l 0. nd Co\A0t)-, 10.- ~5"'() I 12...s 81/ _'!il"l'1ll! _ .""!1:1ll'!l'1~~!',,, J~~, , _ ~~~~''iR---'lV'''''J,-,,.~'''':'~,jtJ!~;;~~\'I$J~!!M:w;;n!'if~I19~'r.\I\!~1\f'!I!iWJ~',i1t;ift~W1>B'/~E!*;~ft!f,,!~j:' h 'I SARA W, IRWIN, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001 - 5883 CIVIL TERM vs. JOEL C. IRWIN, DEFENDANT/RESPONDENT : IN DIVORCE AND NOW this ORDER OF COURT J1€:k , 2001, o~ day of upon consideration of the within PETITION FOR EMERGENCY RELIEF, a Rule is issued upon Respondent to show cause why he should not be ordered not to alienate, dissipate, or reduce any checking or savings account of the parties by any amount pending further Order of Court or Agreement of the parties, RULE returnable at a hearing set for the ;tIP ~ day of ~ ~ y; 'IS c.. , m, in Court Room No. ,2001, at o'clock of the Courthouse at Carlisle, Pennsylvania, PENDING the hearing, the Respondent is ordered not to alienate, dissipate, or otherwise remove or cause to be removed from any marital account any money, by SAlOIS loan, check, or otherwise, SHUFF, FLOWER & LINDSAY ATI'ORNE'is-At.LA.W 26 W, High Street Carlisle. P A i~_~'"'r?-"_" . J. ,'" ,""-" '-'" 'c-!',-'^, ',,<,'_"-' ~_, .,_"o,;~ --. ,"1" ' ~-" ,,. ",' .,,, ~---. "'" ,= ~" "~~k,i.~~~~.m.QW\t<~~jb:iI~.,~.i>',M'M;j"l>>~"'lWii",ii~~~liliilI1ll~~Mi1Jl!:lj-";"""'""""~~l\l'll"-~ Fit ,CF>O;-"I- (....2: 'q -~'-~ t<l'('\' ....', r"~'F r'"',,';'-.':, 1.1;,: " '" ., t ' i IJt'IOIARY a I OCT I 7 PH 12: [I . CUMB" " Pltv~ygA~~UNTY ","""'>,,"'"",_,,, ~"""'_~,~_~_~.~".. ^',~, __~_,_, _~y o~,_~,,^.w__,~ ~.,_~ .~"." ~~ c "- " , , \'. " '{ ~~ ~3 ~} l'l SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W, High Street Carlisle, P A ,;m:1,~!. . -- '"Il~_"",_~",.",".".' " . SARA W. IRWIN, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001 - 5883 CIVIL TERM vs. JOEL C. IRWIN, DEFENDANT/RESPONDENT : IN DIVORCE PETITION FOR EMERGENCY RELIEF NOW COMES Sara W. Irwin, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY and states as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 15, 1999, 2, Petitioner filed a Complaint for Divorce in this Court on October 11 , 2001, 3, Although the Complaint in Divorce was filed in October, since approximately September 1, 2001, the parties have resolved to end their marriage, 4, The marital estate consists of the marital home which is presently listed for sale, a joint savings account which, as of September 1, 2001, contained $4,000,00, a joint checking account and Petitioner's checking account containing a few hundred dollars, and Respondent's savings account which contained approximately $14,000.00, Additionally, the parties have some retirement benefits and household goods. There will be no proceeds for the parties to divide from the sale of the marital home, 5, The marital debt is considerable with the only marital debt in Respondent's name at approximately $1,800,00 and the marital debt in Petitioner's name at approximately $33,500,00. 6. On or about September 14, 2001, without Petitioner's knowledge or agreement, Respondent removed the $4,000.00 from the parties' joint savings account --,. '- ",-, "I-' ~ ( - 0' ",-- -. '. . . . ~ SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.UW 26 w. High Street Carlisle. PA f~~c:'_ >"_", "--"""""'''',>",'1:\''~' and applied it to pay down the balance of his debt to its present balance of $1,800.00. No amount of the savings was applied to debt in Petitioner's name, 7, On or about October 15, 2001, Respondent advised Petitioner that he was going to remove $7,000,00 from his savings account to purchase a car in his own name, Respondent currently drives a 1993 Honda which is in good working condition, He avers that he wishes to purchase a new car because the 1993 Honda will soon attain 100,000 miles, The car he wishes to purchase is a red sports car. 8. If Respondent is permitted to remove the $7,000.00 from the savings account, he will have removed 60% of the liquid assets of the parties, benefiting only himself and not Petitioner who carries in her name only 95% of the marital debt. 9. Petitioner believes and therefore avers that it is Respondent's intention to continue to deplete marital assets for his own benefit. WHEREFORE, Petitioner prays this Honorable Court to enter an Order enjoining the Respondent from alienating, dissipating, withdrawing, segregating or spending any marital asset without Petitioner's approval pending equitable distribution, and, in particular, from making any withdrawal from marital accounts pending equitable distribution or the agreement of the parties, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAI F By: , SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNBYSeAr-LAW 26 W. High Street Carlisle, P A i!:,,!~_ ^_'),<_,~,__?, ",,,,ty,},,_.,,,;'I. ,,~')- 11 VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C,S, S 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: :i ~' '4 t(J, ~ SARA W. IR IN 10 - (9--01 ,-or -, --'t' ,",'- [ ,~ "'" _, o_,--/.,~ 1 ~'"'L~ - " " SAIDIS SHUFF, FLOWER & UNDSAY AITORNEYS'AT-LAW 26 w. High Street Carlisle. PA " . SARA W. IRWIN, PLAINTIFF/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001 - 5883 CIVIL TERM VS. JOEL C. IRWIN, DEFENDANT/RESPONDENT : IN DIVORCE AND NOW, THIS CERTIFICATE OF SERVICE a/o~ I 7 DAY OF 2001 I, CAROL J, LINDSAY, ESQUIRE, OF THE LAW FIRM OF SAlOIS, SHUFF, FLOWER & LINDSAY, ATTORNEYS, HEREBY CERTIFY THAT I SERVED THE WITHIN PETITION FOR EMERGENCY RELIEF THIS DAY BY DEPOSITING SAME IN THE UNITED STATES MAil, FIRST CLASS, POSTAGE PREPAID, IN CARLISLE, PENNSYLVANIA, ADDRESSED TO: MR, JOEL C. IRWIN 3506 RAINTREE LANE MECHANICSBURG, PA 17055 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS F. R PLAINTIFF By: 'J!Ir'"",,<~-:,~, _,~, . , _~ '''n. "". ".-' --, , ''''-':',-"'.' . .c""_" - ,"'-- <, "" , ,,~ ~ ~ , , '. ,__ .,~' ,,. _,L~.~""~ . , , ,_ '''I! , "' ~<_. "" '-'="""'''',W'''''''''-''',-," "-",~ j' () 0 0 c: -, -,-, -o:.i:.. ,~ r:1' C') :_:"1 LpnS --I ;:il:t "'- :J) 655;;: G'" --.I ;Yjt3 -'"' -:~,. ...... ~,-- ,--)(1 r:: C) ::~ ~i~i ~C =01: 5>~;",! ,- ::::4 Z. O. 'l> =< (.J :'D -< ".,.,~'" ....,""'~,..,...,..,.,.,.~ JiIl)'l!~~rm,l!J\IfI'\;l!iIi1~""~'?f~~~"_~:!'j';w_!?"t;'!FJ'm"-'::Wli!~~~1R~~~l'I:~~!~%'IP~'M~~!J'll!-\~~~~!ffiit' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA _<;;W!.!l<!l,*,"-,~ " I . ~.ftI~'P l I t"'L'1 r .,. .-~ .~ L ,,' '.." :~ SARA W. IRWIN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001 - 5883 CIVIL TERM PLAINTIFF vs. JOEL C. IRWIN, DEFENDANT : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAMlE NOTICE IS HEREBY GIVEN THAT I, SARA W, IRWIN, THE PLAINTIFF IN THE ABOVE MATTER, HAVING BEEN GRANTED A FINAL DECREE IN DIVORCE ON FEBRUARY 12, 2002, HEREBY INTENDS TO RESUME AND HEREAFTER USE THE PREVIOUS NAME OF SARA W, WOODBURY, AND GIVES THIS WRITTEN NOTICE AVOWING HER INTENTION IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF APRiL 2, 1980, P,L., 23 P,S, 702, EFFECTIVE JULY 1, 1980, J(/~4t /AJ,J~ SARA W, IRWIN, PETITIONER TO BE KNOWN AS: J',t(,f, t. dJo~ :> SARA E. WOODBU COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND ON THIS, THE 9 '--ilL DAY OF MLrJt, , 2002, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED SARA W. IRWIN, KNOWN TO ME OR SATISFACTORY PROVEN TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT SHE EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED, IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. / N Jacquo/ine Callaghan, NoIaIy POOIIc Hummelstown BolO, Oauphin County My CoovnIssion Expillls Ocfnher 13, 2003 '.,.~~, ,.' '-'I '" , " ~ " "" . . ,,~, , d_", r~ "y , '''~ ~~.. '.'^"-=" - ,,~, '" -, "'1'--- '~"""'''''rnlT'' ,. imUI[ ~ ~ '- ~ IOQ C:lq ----Q o f\ j:: ~ ~ '~ <:) C) -"'" -Sl". c., l:) ~ ~ :l:i Jl ;;;, '" <l- f" ~ "-- '" .1> "<:: '":\J '"'\ C) C ::;:';"'" "'"(."!L..:tl rni~ -;;' , ",,,.. -' ~T ~~:~~', p:~, :'.:"i -<: I,'" ,~-" 1"_:1 C':"I c..: :}1 ()l E;s BII ") ') ,--, ,1::'(. , .-,' '-.1!lJll!lll!l!lll ..",...,n'"M'Ifll~~~~~" ,~I"""~.,JU '1I\1!.1~"" ,~ "' ,jJ .-",,~~,~iwJ"$};:'~":~li!.!"~~~~tl!mw~~~l~_Il-r-:~;~__,~)lI,~~'